S.J.MUKHOPADHAYA, J.

( 1. ) THE petitioners have challenged the validity of Secs.150[1], 150[2] and 150[3] of the Gujarat Cooperative Societies Act, 1961 [hereafter referred to as the Act] as being ultra vires; validity of the Gujarat Cooperative Societies [Amendment] Rules, 2010 [hereafter referred to as Amendment Rules, 2010], introduced by notification dated 6th October, 2010 is also under challenge.

( 2. ) APART from challenging the validity of the provisions of the Act and the Amendment Rules, 2010, the petitioners have also challenged the appointment of Shri R.M. Thakkar and Shri V.C. Joshi, respondent nos. 3 and 4 respectively, who are retired officers of the Cooperation Department of the Government of Gujarat, as Member of the Gujarat State Cooperative Tribunal, made by notification dated 4th December, 2010. Further prayer has been made to direct respondent-State Government to seek effective consultation of the High Court of Gujarat before appointing members of the Gujarat State Cooperative Tribunal[hereafter referred to as the Tribunal] and members of the Board of Nominees and thereby to make appointment by following the provisions of Part-VI of Chapter-6 of the Constitution of India. Validity of Secs. 150[1], 150[2] and 150[3] of the Act has been challenged as being ultra vires and violative of Art.14 of the Constitution of India, on the ground that the same confers unbridled and untrammeled power upon the State Government in the matter of appointment of members of the Gujarat State Cooperative Tribunal and for prescribing the qualifications for appointment of the members of the said Tribunal.

Gujarat Cooperative Societies [Amendment] Rules, 2010 has been challenged as being arbitrary, malafide and contumacious and in clear breach of undertaking given by the State Government before this Court in Special Civil Application No.1835 of 2000 and Special Civil Application No. 10801 of 2009. At this stage, it may be stated that during pendency of the writ petition, respondent nos. 3 and 4, namely, Shri R.M.Thakkar and Shri V.C. Joshi, the two retired officers of the Cooperation Department of the Government of Gujarat, who were appointed as members of the Tribunal, tendered resignations which were accepted by the State Government. In view of such development, prayer challenging the appointment of the aforesaid two persons has become infructuous. Before deciding the issue, it is necessary to notice certain relevant facts on the basis of which arguments were advanced by the learned counsel for the petitioners. The petitioner no.1-Gujarat Cooperative Bar Association [hereafter referred to as the Association] preferred a writ petition being Special Civil Application No. 7316 of 1992 challenging the action of the State Government of appointment of persons as Registrar's Nominee on the ground that they did not possess any legal and/or judicial background.

( 3. ) EARLIER, validity of Secs. 96 to 102 of the Act fell for consideration before a Division Bench of this Court in the case of Rasiklal v. Kailash Gauri, reported in 1971 [12] GLR 355, which related to constitution or recognition of federal society to supervise working of societies; deciding disputes; procedure for settlement of disputes, attachment before award; appellate authority before whom appeal could have been preferred against the decision of Registrar or his nominee or board of nominee. The same was challenged on the ground that Registrar or his nominee are not judicial officers and have no legal background and that the matter could have been settled only by a Civil Court. While dismissing the writ petition, the Division Bench observed that there was nothing unreasonable in the said provisions, even if such disputes may involve determination of right to property so long as the basic essentials of fair trial are provided, or that merely because the said special machinery displaces the ordinary machinery of a civil suit, it does not mean that it is unreasonable.